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(영문) 부산지방법원 2019.09.06 2019고단2189

교통사고처리특례법위반(치상)

Text

Defendant shall be punished by imprisonment without prison labor for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving service B 124CC.

At around 23:15 on April 19, 2019, the Defendant driven the above Oral ca, and led to the front intersection of the D, which is in pinsan City C, to the 119 Safety Center from the direction of virtue.

Since there is a crosswalk where a signal, etc. is installed, there was a duty of care to safely drive in accordance with the new subparagraph by checking whether a person engaged in driving service is a person to reduce speed and to see the right and the right and the right of the road well.

Nevertheless, due to the negligence that the Defendant neglected to stop the vehicle driving signal while proceeding, the Defendant got off the victim E (the 22 years old) who opened the pedestrian crossing to the port from the right side of the direction of the Defendant’s proceeding, and was in front of the front part of the Defendant’s driving.

Ultimately, the Defendant suffered injury to the victim, such as a ductal pelle, which requires approximately eight weeks of medical treatment, due to the foregoing occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A traffic accident report, a report on the occurrence of a traffic accident, and a witness's statement;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing accident site photographs;

1. Article 3 (1), the proviso to Article 3 (2) and Article 3 (1), Article 3 (2) 1 and 6 of the Act on Special Cases concerning the Settlement of Traffic Accidents concerning Criminal Facts, and Article 268 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment by law: From one month to five years of a credit cooperative;

2. Extent of recommendation [the determination of types] according to the sentencing guidelines for traffic accidents: General traffic accident [the category 1] and the injury [the special person] mitigated element of traffic accident: The aggravated element of punishment (including serious efforts to recover the damage): Where illegality in the proviso of Article 3(2) (excluding subparagraph 8) of the Act on Special Cases concerning the Settlement of Traffic Accidents is serious, or in the case of abnormal driving, the recommended element; and